The Veteran's claims for earlier effective dates for service connection of chondromalacia patella and radiculopathy of the right lower extremity have been denied.,The Board has also remanded the TDIU, increased rating, and reduction issues due to additional VA treatment records not having been considered.
The deciding factor: There is no evidence indicating a formal or informal claim for service connection prior to the dates of the effective dates granted in the August 2013 decision.
- Claimed conditions
- chondromalacia patella, radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 24, 2019
- Citation
- 19149101
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a higher rating for right knee strain to ensure that the estimated range of motion provided for repeated use over time and during flare-ups is sufficient for rating purposes.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including knee and foot conditions, a low back disability, radiculopathy, tinnitus, and a neck condition, to correct pre-decisional errors in fulfilling VA's duty to assist by rescheduling missed examinations.
- Denied
The Board denied service connection for various conditions, including left and right eye dry eyes, cataracts of the left and right eyes, neuropathy of the left lower extremity, radiculopathy of the right lower extremity, left renal arteriovenous malformation, aneurysm, pseudofolliculitis barbae (PFB), degenerative joint disease (DJD) of the lumbar spine, recurrent subluxation of the left knee prior to May 13, 2020, left total knee replacement, disability rating in excess of 60 percent from September 1, 2021, forward for left total knee replacement, DJD of the right knee, right knee instability, burns of the bilateral ankles, linear scar of the left knee, post-surgical tender scars of the left knee, and a total disability rating due to unemployability (TDIU) based upon service-connected disabilities prior to June 14, 2019.
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